Town of Masonville Local Law No. 1 of the year 1990
A local law Prohibiting the Operation of Dumps and Dumping
Be it enacted by the Town Board of the Town of Masonville as follows
Section 1 TITLE - A Local Law prohibiting the operation of dumps and dumping.
Section 2. DECLARATION OF POLICY — It is hereby determined by the Town Board that the operation of dumps for the disposal of garbage and rubbish is likely to constitute a hazard and menace to the health and safety of the residents of the Town of Masonville and it is therefore the intent of this Local Law to prohibit dumping and the operation of dumps in the Town of Masonville pursuant to Section 130 subdivisions six (6) and fifteen (15) of the Town Law of the State of New York.
Section 3. DEFINITIONS — The term “person” as used in the Local Law shall include an individual, firm, partnership, corporation, (not including municipal corporations) or association of persons. The term “dump” as used in this Local Law shall mean a place used for the disposal and leaving of paper, garbage, rubbish, trash, toxic chemicals and substances and other waste materials of any nature by the public or by any person.
Section 4. RESTRICTIONS — The Operation or maintenance of a dump is hereby prohibited in the Town of Masonville. The dumping of paper, garbage, rubbish, trash, toxic chemicals and substances, and other waste materials of any nature in the Town of Masonville is prohibited.
Section 5. EXCEPTION — Nothing herein contained shall be deemed to prohibit any person from disposing of non-commercial or industrial rubbish, waste material and garbage on property upon which such materials were produced. Nothing herein contained shall be deemed to prohibit any person from disposing of soil, concrete, masonry, bricks, wood, glass, metal and non-asbestos roofing materials incident to the demolition of structures within the Town of Masonville or land clearing within the Town of Masonville, upon property owned by such person within the Town of Masonville.
Section 6. PENALTIES - Any person violating any of the provisions of this local Law shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine not exceeding one thousand dollars ($1,000.00) for each offense or by imprisonment in the County Jail for not more than six months or by such fine and imprisonment. The Town Board shall also have the power to bring a Civil Action to restrain any violation of this Local Law in a Court of Competent Jurisdiction. When a violation of this Local Law is continuous, each twenty-four hours thereof shall constitute a separate and distinct offense.
Section 7. - The invalidity of any Section or Provision of this Local Law shall not invalidate any other Section or Provisions thereof.
Section 8. - This Local Law shall take effect immediately upon filing with the New York State Secretary of States Office.
